[No. 170.] AN ACT to amend section two of act number fifty-nine of the public acts of nineteen hundred fifteen, entitled, as amended, "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken", being section four thousand six hundred seventy-two of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred eightytwo of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: amended. SECTION 1. Section two of act number fifty-nine of the Section public acts of nineteen hundred fifteen, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken", being section four thousand six hundred seventy-two of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred eighty-two of the public acts of nineteen hundred twenty-one, is hereby amended to read as follows: outside city, etc. SEC. 2. Any highway not included within the corporate Highways limits of any city or village in this state, any street or high- corporate way in any city or village that is a continuation of a state limits of trunk line or county road, or makes connection with any such road and any highway that is a line road between any city or village and township or townships and is subject in part to the jurisdiction of such city or village and in part to the jurisdiction of such township or townships may be laid out, constructed or improved hereunder. Approved May 14, 1927. Sections amended. Application for certificate of title. Form of. [No. 171.] AN ACT to amend section two, section three (as amended by act number sixteen of the public acts of nineteen hundred twenty-three), and section fourteen (as amended by act number sixteen of the public acts of nineteen hundred twenty-three) of act number forty-six of the public acts of nineteen hundred twenty-one, entitled, as amended, "An act to protect the title of motor vehicles within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the secretary of state hereunder; and to provide penalties for violation of the provisions hereof", approved April thirteen, nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section two, section three (as amended by act number sixteen of the public acts of nineteen hundred twentythree), and section fourteen (as amended by act number sixteen of the public acts of nineteen hundred twenty-three) of act number forty-six of the public acts of nineteen hundred twenty-one, entitled, as amended, "An act to protect the title of motor vehicles within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the secretary of state hereunder; and to provide penalties for violation of the provisions hereof", are hereby amended to read as follows: SEC. 2. Certificate of title for motor vehicles. After July one, nineteen hundred twenty-two, no certificate of the regis tration of any vehicle or number plates therefor, whether original issues, or duplicates, shall be issued or furnished by the secretary of state unless the applicant therefor shall at the same time make application for and be granted an official certificate of title of such motor vehicle or shall present satisfactory evidence that such a certificate covering such motor vehicle has been previously issued to the applicant. application shall be upon a blank form to be furnished by the secretary of state and shall contain a full description of the motor vehicle, which said description shall contain the manufacturer's number, the motor number, and any distinguishing marks, together with a statement of the appli Said certificate etc. cant's title and of any liens or encumbrances upon said motor vehicle, and such other information as the secretary of state may require. The secretary of state, if satisfied that the When applicant is the owner of such motor vehicle, or otherwise issued. entitled to have the same registered in his name, shall thereupon issue to the applicant an appropriate certificate of title over his signature, authenticated by a seal to be procured and used for such purpose. Such certificate of title shall be delivered to the person applying therefor unless the applicant shall, in his application, on such form as the secretary of state shall prescribe, direct or require the delivery of said certificate to some other designated person, firm or corporation, in which case the secretary of state shall cause said certificate to be delivered or forwarded in accordance with the application. Said certificates shall be numbered consecu- Numbering, tively, beginning with number one, and shall contain such description and other evidence of identification of said motor vehicle as the secretary of state may deem proper, together with a statement of any liens or encumbrances which the application may show to be thereon. The charge for each Fee. original certificate so issued shall be one dollar, which charge shall be in addition to the charge for the registration of such motor vehicle. Said certificate shall be good for the life of the car so long as the same is owned or held by the original holder of such certificate, and shall not have to be renewed annually, or at any other time except as herein provided. Upon the passage of this act it shall be the duty of the secretary of state to cause to be printed copies of this act. and to mail to every person, to whom he has issued a certificate of registration for the year nineteen hundred twenty-one, one of such printed conies accompanied by a blank form of application for a certificate of title. transfer. SEC. 3. In the event of the sale or other transfer after Sale or October one, nineteen hundred twenty-one, of the ownership of a motor vehicle for which a certificate of title has been issued as aforesaid, the holder of such certificate shall endorse on the back of same an assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on said motor vehicle, sworn to before a notary public or some other person authorized by law to take acknowledgments, and deliver the same to the purchaser or transferee at the time of the delivery to him of such motor vehicle. The purchaser or transferee, unless such person is a dealer licensed under section fourteen of this act, shall, within ten days thereafter, present such certificate, assigned as aforesaid, to the secretary of state, accompanied by a fee of one dollar, whereupon a new certificate of title shall be issued to the assignee: Provided, however, If such person Proviso. shall, in such manner and form as the secretary of state prescribes, authorize and direct the delivery of the certificate of title to some other designated person, firm or corporation, delivery shall be made accordingly. It shall be the duty of Proviso. Second hand dealers, Application for. the secretary of state, in all certificates of title hereafter issued, to provide suitable space for such authorization. Said licensed dealer shall, on selling or otherwise disposing of said motor vehicle, execute and deliver to the purchaser thereof an affidavit of conveyance or assignment in such form as the secretary of state shall prescribe, to which shall be attached the assigned certificate of title received by such dealer. Thereupon the purchaser of said motor vehicle shall apply for and receive from the secretary of state a certificate of title. Said certificate, when so assigned and returned to the secretary of state, together with any subsequent assignments or reissues thereof, shall be retained by the secretary of state and appropriately filed and indexed, so that at all times it will be possible to trace title to the motor vehicle designated therein: Provided, When the ownership of any motor vehicle shall pass by operation of law, the person owning such motor vehicle may, upon furnishing satisfactory proof to the secretary of state of such ownership, procure a title to said motor vehicle regardless of whether a certificate of title has ever been issued. SEC. 14. Licensing of second hand dealers. That after licensing of. the first day of January, nineteen hundred twenty-two, it shall be unlawful for any person to carry on or conduct in this state the business of buying, selling or dealing in used vehicles or parts thereof, unless and until he shall have received a license from the secretary of state authorizing the carrying on or conducting of such business. Such license shall be furnished annually by the secretary of state and shall run from the first day of January, nineteen hundred twenty-two, and annually thereafter for each year, beginning on the first day of January. The application for said license shall be in such form as may be prescribed by the said secretary of state and subject to such rules and regulations with respect thereto, as may be so prescribed by him. Such application shall be verified by oath or affirmation and shall contain a full statement of the name or names of the person or persons applying therefor, the name of the firm or copartnership with the names and places of residence of all the members thereof, if such applicant be a firm or copartnership, the name and residence of the principal officers, if the applicant be a body corporate or other artificial body, the name of the state under whose laws the corporation is organized, the location of the place or places at which such business is to be carried on and conducted, and said application shall contain such other relevant information as may be required by the secretary of state. It shall be accompanied by a statement of two reputable persons of the community in which the principal place of business is to be located, certifying to the good moral character of the person or persons applying for such license. Upon making such application the person applying therefor shall pay to the secretary of state a fee of five dollars. A license certificate shall be Fee. may make. mental keep record. issued by the secretary of state in accordance with such application when the same shall be regular in form and in compliance with the provisions of this section, and such license, when so issued, shall entitle the licensee to carry on and conduct the business of buying and selling and dealing in used vehicles and parts thereof, for a period of one year from the first day of January of the current year. The sec- Rules, etc., retary of state shall have the power to make suitable rules and regulations for the issuance of such licenses to expire upon the first day of January of the succeeding year, when the application therefor shall be made during the current year, and upon payment of a license fee of three dollars, provided application is made after July first of any year. Any person conducting the business of buying, selling or Suppledealing in used vehicles and having received a license therefor, shall, before removing any one or more of his places of business, or shall, before opening any additional places of business, apply to the secretary of state for, and obtain, a supplemental license, for which no fee shall be charged. Every such licensee shall keep a book or record in such form Licensee to as may be prescribed or approved by the secretary of state, in which he shall keep a record of the purchase, sale or exchange or receipt for the purpose of sale, of any second-hand vehicle or parts thereof, a description of such vehicles or parts, together with the name and address of the seller, of the purchaser, and of the alleged owner or other person from whom such vehicles or parts were purchased or received, or to whom they were sold or delivered, as the case may be. Such description in the case of motor vehicles shall also include the engine number, if any, the maker's number, if any, chassis number, if any, and such other numbers or identification marks as may be thereon, and shall also include a statement that a number has been obliterated, defaced or changed, if such is the fact. In the case of a trailer or semi-trailer, the record shall include the manufacturer's number, and such other numbers or identification marks as may be thereon. He shall also have in his possession a duly assigned certifi cate of title from the owner of said motor vehicle in accordance with the provisions of another section of this act, from the time when the motor vehicle is delivered to him until it has been disposed of by him. In the event that any such When motor vehicle is junked or is otherwise rendered unfit for junked, etc. further operation on the public highways of said state, it shall be the duty of the person possessing the certificate of title to immediately forward the same to the secretary of state, together with a statement in writing as to the manner vehicle of final disposition of such vehicle. In case a motor vehicle Sale to nontitled under this act is sold to a non-resident of this state, resident. the seller of such motor vehicle shall notify the secretary of state within ten days on forms prescribed by him for such purpose. Any person guilty of violating any of the provi- Penalty for sions of this section shall be deemed guilty of a felony and violation. |